November 8, 1973. Appeal from the Supreme Court, Albany County, RUSSELL G. HUNT, J. Louis J. Lefkowitz, Attorney-General ( Joseph P. McCale and Ruth Kessler Toch of counsel), for appellants. Max E. Greenberg, Trayman, Harris, Cantor, Reiss Blasky ( Julius L. Schapira and Burton M. Marks of counsel), for respondent. SWEENEY, J. This is an appeal from a judgment of the Supreme Court at Special Term, entered February 8, 1973 in Albany County, which granted petitioner's application, in a proceeding pursuant